Blank Rome Successfully Represents Eclipse Berry Farms in Potential Multimillion Dollar Toxic Tort CaseDecember 2, 2016
Blank Rome LLP successfully negotiated a settlement approved by Ventura County Superior Court, for Eclipse Berry Farms, LLC, in a potential multimillion dollar toxic tort case.
The plaintiff, Erik Morales, alleged that he suffered serious birth defects as a result of his exposure, in utero, to pesticides and other toxic chemicals used on the strawberry farm where his mother worked while she was pregnant. As a result, Mr. Morales and his legal team sued seven defendants, including Firm client Eclipse Berry Farms.
Blank Rome filed the only timely motion for summary judgment, based on the statute of limitations (currently being reviewed by the California Supreme Court), the doctrine of laches, and the plaintiff’s inability to prove causation. At the request of the plaintiff's counsel, Blank Rome engaged in settlement talks two weeks before the opposition was due. The plaintiff agreed to dismiss Eclipse Berry Farms in exchange for a waiver of costs, and is proceeding to trial in December 2016 against all of the other defendants.